Here is the situation. My ex and I divorced in 2004. We had two children ages 12 and 9 at the time. Since we had split physical custody (one week I had them, the next he had them) and we made close to the same money and he didn't want to pay the $84 every two weeks he was ordered, I waived it.
In our divorce decree it said that we would each have one child to claim on our taxes a year until there was only one and then we would alternate. We did that. My son, the youngest, is now 21, goes away to college, only works in the summer, and we split his tuition and housing, but for the past two years my son has lived with me exclusively when not in school. Because of this I feel that I should be able to claim him every year, until he claims himself. Am I wrong? If you split the 7 months he is at school, since we do both pay for that, that's 3.5 months. I have provide for him the other five, which is 8.5 months. I am the primary provider and should have this right.
Please let me know what you think and how you would broach this situation since this year should be "his" year. And let me give the premise that he is a "hot head". This will not go over well at all.